King

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MONICO J. QUIROGA, III, Case No. 1:15-cv-01697-AWI-JDP Plaintiff, ORDER DIRECTING DEFENSE COUNSEL

TO PROPERLY SERVE NOTICE OF DEATH

v. WITHIN 21 DAYS TIMOTHY KING, et al., ECF No. 79 Defendants. 16 17 Plaintiff is a state prisoner appearing without counsel in this civil rights action brought under 42 U.S.C. § 1983. On July 16, 2020, defendants’ counsel filed a Notice of Death of Plaintiff. ECF No. 79. “If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. A motion for substitution may be made by any party or by the decedent's successor or representative. If the motion is not made within 90 days after service of a statement noting the death, the action by or against the decedent must be dismissed.” Fed. R. Civ. P. 25(a)(1). The party filing the notice of death (or “suggesting” death) “must serve other parties and nonparty…